Subject of Dispute: Compensation for Moral Damage Caused to an Individual as a Result of Unlawful Criminal Prosecution.
Main Arguments of the Court:
1. The plaintiff was under investigation and trial for 9 years, 8 months, and 12 days, which caused him significant moral suffering.
2. The criminal proceedings were closed due to the absence of elements of a criminal offense, which confirms the unlawfulness of the prosecution.
3. The court referred to previous judicial practice, which establishes that the minimum amount of moral damage is guaranteed by the state and cannot be reduced.
Court Decision: To recover from the state in favor of the plaintiff 699,716.40 UAH of moral damage, calculated based on the minimum wage for each month of unlawful criminal prosecution.
